State v. Ferguson
State v. Ferguson
Opinion
Robert Ray Ferguson appeals from his judgment of conviction for aggravated battery with deadly weapon and persistent violator enhancements. Ferguson asserts that the district court committed fundamental error by failing to inquire into his understanding of the consequences of the persistent violator enhancement before accepting his admissions to the two prior felony convictions that formed the basis of the enhancement. For the reasons set forth below, we affirm.
I.
FACTUAL AND PROCEDURAL BACKGROUND
The State charged Ferguson by information with aggravated battery with an enhancement for use of a deadly weapon during the commission of a crime. The State requested leave to file an information part two in order to allege a persistent violator enhancement based on two prior felony convictions. The district court granted the State's request and Ferguson was arraigned on the persistent violator allegation. As part of the arraignment, the district court advised Ferguson that, if he was found guilty of being a persistent violator, his sentence could be increased by a minimum of five years up to life. At the subsequent trial, a jury found Ferguson guilty of aggravated battery and the deadly weapon enhancement. Following the jury verdict, Ferguson admitted the two prior felony convictions underlying the persistent violator enhancement. Based on Ferguson's admissions, the district court found Ferguson guilty of being a persistent violator. The district court imposed a unified life *895 sentence, with a minimum period of confinement of fifteen years. Ferguson appeals.
II.
STANDARD OF REVIEW
Generally, issues not raised below may not be considered for the first time on appeal.
State v. Fodge
,
III.
ANALYSIS
For the first time on appeal, Ferguson asserts that when he admitted the prior felony convictions underlying the persistent violator enhancement, the district court committed fundamental error by failing to inquire into his understanding of the consequences of his admissions. Ferguson argues that the error is fundamental because: (1) the district court's failure to inquire into his understanding of the consequences of his admissions to the persistent violator allegations violated his constitutional right to due process under
State v. Cheatham
,
The first prong of Perry requires Ferguson to establish violation of an unwaived constitutional right. Ferguson contends that due process required the district court to ensure that his admissions to the persistent violator allegations were voluntary and knowing. Ferguson argues that his due process right was violated because the district court did not "ensure that he understood the consequences of his admissions." The State contends that the record shows Ferguson's admissions to the persistent violator allegations were voluntary and made with an understanding of the potential consequences because the consequences were explained to Ferguson two weeks prior to his admissions when he was arraigned on the persistent violator enhancement. Although Ferguson concedes that this Court should consider the entire record in determining whether he understood the consequences of his admissions, including what occurred at the arraignment, he argues that the district court's failure to inquire at the time of his admissions along with "other relevant surrounding circumstances" "indicate" that he "did not understand the potential consequences at the time of the admissions." The "other relevant surrounding circumstances" Ferguson cites are that he was emotional at the time of the verdict and that the district court did not advise him that he had the right to testify. Ferguson has failed to meet his burden of showing a violation of an unwaived constitutional right.
In
Cheatham
,
Ferguson's claim also fails under prong two of the
Perry
analysis because the error does not plainly exist. As noted, the record shows that Ferguson was advised of the sentencing consequences of admitting the persistent violator allegations and was aware that he was foregoing his right to a jury trial by entering those admissions.
See
State v. Carrasco
,
Because Ferguson has failed to meet his burden under the first two prongs of Perry , we need not address the third prong. Ferguson has failed to establish he is entitled to relief under the fundamental error standard of review.
IV.
CONCLUSION
Because Ferguson failed to demonstrate a clear violation of an unwaived constitutional right in relation to the district court's acceptance of his admissions to the persistent violator allegations, Ferguson's fundamental error claim fails. Therefore, Ferguson's judgment of conviction for aggravated battery with deadly weapon and persistent violator enhancements is affirmed.
Chief Judge GRATTON and Judge GUTIERREZ concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.